Quillivant XR® (methylphenidate (“MPH”)) - Case Name: Tris Pharma, Inc. v. Actavis Labs. FL, Inc., No. 14-1309-CFC, 2020 WL 7028456 (D. Del. Nov. 30, 2020) (Connolly, J.)...more
Scientists, clinicians, and other investigators are discovering new uses for drugs previously known for different medical indications. Such “drug repurposing” (also called drug repositioning, profiling, or re-tasking) has...more
THE COURT GRANTED DEFENDANT’S MOTION TO ENFORCE ITS SETTLEMENT AGREEMENT, FINDING THAT THE AGREEMENT WAS NOT ANTICOMPETITIVE AND IN VIOLATION OF ANTITRUST LAW. Case Name: Somaxon Pharma, Inc. v. Actavis Elizabeth LLC, No....more
AFTER A FIVE-DAY JURY TRIAL FINDING NON-INFRINGEMENT, PLAINTIFF’S RULE 59(E) MOTION FOR A NEW TRIAL WAS DENIED. Case Name:Orexo AB v. Actavis Elizabeth LLC, No. 17-205-CFC, 2019 U.S. Dist. LEXIS 213415 (D. Del. Dec. 11,...more
About Life Sciences Court Report: We will periodically report on recently filed biotech and pharma litigation. ...more
A new California law, Preserving Access to Affordable Drugs, AB-824 (the Act), which is aimed at curbing reverse-payment patent settlements, took effect on January 1. The Act codifies a presumption that any transfer of value...more
RELYING ON PLAINTIFFS’ TESTING OF DEFENDANT’S ANDA PRODUCT, AND FINDING THAT THE PRIOR ART TAUGHT AWAY FROM THE CLAIMED INVENTION, THE COURT HELD THE ASSERTED CLAIMS VALID AND INFRINGED. Case Name: Bausch Health Cos. v....more
THE FEDERAL CIRCUIT AFFIRMED THE DISTRICT COURT’S FINDING THAT ONE OF THE PATENTS WAS ADEQUATELY DESCRIBED, BUT REVERSED THE DISTRICT COURT’S FINDING OF NON-OBVIOUSNESS. Case Name: Nalpropion Pharms., Inc. v. Actavis Labs....more
Case Name: Endo Pharm., Inc. v. Actavis LLC, No. 2018-1054, 2019 U.S. App. LEXIS 13348 (Fed. Cir. May 3, 2019) (Circuit Judges Wallach, Clevenger, and Stoll presiding; Opinion by Wallach; Dissent by Stoll) (Appeal from D....more
Case Name: Tris Pharma Inc. v. Actavis Labs. Fl, Inc., Fed. Cir. Nos. 2017-2557, -2559, -2560, 2018 U.S. App. LEXIS 32774 (Fed. Cir. Nov. 20, 2018) (Circuit Judges Newman, O’Malley, and Chen presiding; Opinion by Chen, J.)...more
Case Name: Orexo AB v. Actavis Elizabeth LLC, Fed. Cir. No. 2017-1333, 2018 U.S. App. LEXIS 25531 (Fed. Cir. Sept. 10, 2018) (Circuit Judges Newman, Hughes, and Stoll presiding; Opinion by Newman, J.) (Appeal from D. Del.,...more
Federal Circuit Summary - Before Newman, Hughes, and Stoll. Appeal from the United States District Court for the District of Delaware Summary: Objective indicia of nonobviousness cannot be dismissed merely because all...more
Case Name: Leo Pharma A/S v. Actavis Labs. UT, Inc., No. 16-333-JFB-SRF (D. Del Feb. 26, 2018) (Fallon, M.J.). Drug Product and Patent(s)-in-Suit: Picato® (ingenol mebutate); U.S. Patents Nos. 7,410,656 (“the ’656...more
Case Name: Impax Labs., Inc. v. Actavis Labs. FL, Inc., Civ. No. 15-6934, 2018 U.S. Dist. LEXIS 38623 (D.N.J. Mar. 8, 2018) (Chesler, J.)....more
In its decision of July 12, 2017 in Actavis v. Eli Lilly, the Supreme Court of the United Kingdom for the first time formally adopted the concept of a doctrine of equivalents when considering what constituted an infringement...more
Case Name: Orexigen Therapeutics, Inc. v. Actavis Laboratories Fl, Inc., Civ. No. 15-451-RGA, 2017 U.S. Dist. LEXIS 169570 (D. Del. Oct. 13, 2017) (Andrews, J.)....more
The issue of venue—where geographically a case can be brought—and jurisdiction are a pair of principles to determine in which forum a case can properly be brought. Jurisdiction in personam concerns whether a particular party...more
Case Name: Tris Pharma, Inc. v. Actavis Labs. FL, Inc., No. 14-1309-GMS, 2017 U.S. Dist. LEXIS 143299 (D. Del. Sept. 5, 2017) (Sleet, J.). Drug Product and Patent(s)-in-Suit: Quillivant XR® (methylphenidate...more
Case Name: Merck Sharp & Dohme Corp. v. Actavis Labs. Fl, Inc., No. 15-cv-6075 (PGS) (DEA), 2017 U.S. Dist. LEXIS 164131 (D.N.J. Sept. 29, 2017) (Sheridan, J.)... Drug Product and Patent(s)-in-Suit: Noxafil®...more
In a decision that appears to have introduced a doctrine of equivalents for the first time, the UK Supreme Court has shifted the laws on patent infringement in Actavis v. Eli Lilly UK [2017] UKSC 48. While this case...more
Case Name: Horizon Pharma Ireland Ltd. v. Actavis Laboratories, UT, Inc., No. 14-7992 (NLH/AMD) (D.N.J. May 12, 2017) (Hillman, J.)....more
Case Name: Sebela Int’l Ltd. v. Actavis Labs. Florida Inc., No. 14:6414 (CCC) (MF), 2017 U.S. Dist. LEXIS (D.N.J. June 16, 2017) (Cecchi, J.)....more
In what is perhaps the most important development in English law of the last decade in this area of interpretation of patent claims and patent infringement, the UK Supreme Court gave new life to the doctrine of equivalents in...more
The UK Supreme Court rarely hears patent cases, and will only hear cases that it considers to be fundamentally important. The court's July 12 judgment is most significant for changing the test for infringement in the United...more
Following last Friday’s (7 July 2017) unusual move of advance publication of the outcome of the case, the UK Supreme Court now published the reasons for its decision in the long-running Actavis v Eli Lilly case. The reasons...more